Legal Studies Commons^™

Structural Overdelegation In Criminal Procedure, Anthony O'Rourke

Journal Articles

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making.

Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …

The Strength Of Family Bonds: A Look Into The Lives Of A Family That Has Overcome Adversity And Marginality, Angelique Nevarez Maes

Open Access Theses & Dissertations

In the recent literature that entails the effectiveness of parent/child bonds in deterring children from crime and related deviant activities, little information is mentioned about the effectiveness of Kinship (extended family members) and its possible effectiveness in deterring an individual from crime and related deviant activities. Adverse events such as drug abuse, early death, prostitution and gang activity can plague a family and threaten its unity when parental bonds are absent or non-consistent during adolescence. Marginalities such as poverty and racism take the family unit to the edge of society only serve to further the extent of the damage that …

Life And Health Outside Prison, Tiffany Amorette Young

Open Access Theses & Dissertations

This qualitative study explores the subjective understandings of formerly incarcerated individuals' experiences of health and healthcare prior to, during, and post release. The study incorporates in depth ethnographic interviews, participant observation, and life charting to formulate a holistic understanding of how incarceration has impacted the health and lives of the participants recruited for this study. All participants were incarcerated for a minimum of one year in the U.S. prison system. This interdisciplinary study contributes to the fields of sociology, criminology, and public health, and builds on the literature of race, health, and corrections in the United States.

Towards Engaged Scholarship, John R. Nolon, Michelle Bryan Mudd, Michael Burger, Kim Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith H. Hirokawa, Tim Iglesias, Patrick C. Mcginley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom, Christopher Serkin

Journal Articles

No abstract provided.

Human Trafficking In Poland: Further Victimization Of Female Victims Of Human Trafficking For Sexual Exploitation, Katarzyna Peninska

Master's Theses

Poland is a source, destination, and transit country for human trafficking. The country is taking steps to address this crime, but it offers very little benefits to the victims. Currently, the victims are only allowed to stay temporarily in Poland if they testify against their traffickers. During their cooperation with the prosecution they rarely receive legal representation or psychological help. This thesis posed the question of whether Polish laws and the Polish system further victimize female victims of human trafficking for sexual exploitation. The research was conducted in Poland between May and July of 2012. The first part of the …

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …

Nebraska Sex Offender Registry Study: Interim Report, Ryan E. Spohn

Reports

Sexual victimization is of great concern to the public, as evidenced by the legislative attention it has received over the last twenty years (Adkins, Huff, and Stageberg 2000; Levenson 2006; Sample and Kadleck 2008; Schram and Milloy 1995; Walker et al. 2005; Zevit 2006). To help increase public safety and address public concern, corrections departments nationwide have adopted some form of risk classification and assessment instrument for offenders who have been convicted of sex crimes (Richardson and Huebner 2006). Some of the most popular risk assessment instruments include the STATIC 99, RRASOR, MnSOST, SORAG, and ASRS (Richardson and Huebner 2006; …

Nebraska Offender Registry Study: Interim Report, Consortium For Crime And Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

Sexual victimization is of great concern to the public, as evidenced by the legislative attention it has received over the last twenty years (Adkins, Huff, and Stageberg 2000; Levenson 2006; Sample and Kadleck 2008; Schram and Milloy 1995; Walker et al. 2005; Zevit 2006). To help increase public safety and address public concern, corrections departments nationwide have adopted some form of risk classification and assessment instrument for offenders who have been convicted of sex crimes (Richardson and Huebner 2006). Some of the most popular risk assessment instruments include the STATIC 99, RRASOR, MnSOST, SORAG, and ASRS (Richardson and Huebner 2006; …

Corporal Punishment And Aggression In Adulthood: A Product Of Social Learning, Derek R. Schneider

Regis University Student Publications (comprehensive collection)

The focus of my study will be on the relationship between child abuse and aggression in adulthood. Individuals who support corporal punishment are more likely to support using violence against other adults, as compared to those that do not support corporal punishment. In other words, adults that are likely to use violence to resolve conflict with children are more inclined to use violence to resolve conflicts with other adults. Bandura (1977) explained that human behavior is learned observationally through modeling. The idea of modeling involves observing others and beginning to form an idea of how new behaviors are performed; on …

Fetal Attraction: A Descriptive Study Of Patterns In Fetal Abductions, Kerry E. Arquette

Regis University Student Publications (comprehensive collection)

Fetal abduction is a crime in which a perpetrator forcibly takes an unborn baby from the womb of another woman. The act is always done without the permission of the pregnant woman, is always violent, and is often deadly for the mother or baby, or both. Based upon available data, the crime of fetal abduction is rare and relatively new, but publicized incidences in the United States of America are growing, which raises the question, "Why?" In order to answer that and other questions surrounding fetal abduction it is necessary to know more about the crime and the criminals. This …

The Use Of Familial Dna Searches: A Policy Analysis, Caroline O. Moorman

Regis University Student Publications (comprehensive collection)

Many cases go unsolved every day in the United States; some due to a lack of technological advancement in forensic science. When a person is killed, raped, or in danger of physical harm, it is the responsibility of law enforcement and their collaborative agencies to find and apprehend the responsible parties. The use of familial DNA searches in the United States is a relatively new investigative technique. Traditionally, DNA samples found at a crime scene are run through a national Combined DNA Index System (CODIS) to look for possible matches. When a sample does not return a positive hit, investigators …

Perceptions Of Mental Illness In The Legal System, Krista Wallace

Criminal Justice

Previous research suggests that there are stereotypes and misperceptions about the mentally ill population which affect juror’s decision making in cases where the insanity defense is raised. Many individuals believe it to be a “loophole” in the criminal justice system for offenders to escape punishment (Skeem and Golding, 2002). This study explores community perceptions of schizophrenia and personality disorders in a legal context. Results support that individuals are significantly less confident of their verdict decisions when the offender has a mental illness than when the offender has no mental illness. In addition, the presence of a mental illness significantly affects …

The Constitutionality Of The Occupy Movement, Yoe Lopez

HIM 1990-2015

The Occupy movement has spread over hundreds of cities nationwide and over 1,500 cities around the world. The movement is formed around a common goal, which is to protest the way government actions or inactions have rooted widespread discontent. The Occupy movement has encountered opposition from the cities and counties where it is located. Arrests have been made for a number of violations of city and county codes including resistance to police orders and disorderly conduct charges. In our country, freedom of speech and the right to protest have been regarded as inalienable rights. The question becomes how to balance …

Managing The Intellectual Property Sprawl, Shubha Ghosh

San Diego Law Review

Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …

Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma

San Diego Law Review

This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …

Transition Relief For Tax Reform’S Third Rail: Reforming The Home Mortgage Interest Deduction After The Housing Market Crash, Nicholaus W. Norvell

San Diego Law Review

This Comment argues that Congress should—in this order of preference—eliminate the mortgage interest deduction, replace it with a credit, or substantially modify it, and that Congress can adopt any of these policies without substantial short-term fallout in the housing market. Part II of this Comment examines how the mortgage interest deduction works, its history, and its intended benefits. Part III scrutinizes the deduction’s inability to achieve its primary objective—increasing homeownership—and examines its negative effects on housing prices, household indebtedness, the environment, and wealth disparity. Accordingly, this Part argues that Congress should reform the deduction, discusses three basic options available for …

Reconciliation In A Community-Based Restorative Justice Intervention, David K. Androff

The Journal of Sociology & Social Welfare

Truth and Reconciliation Commissions (TRCs) are among the primary means for promoting reconciliation in communities recovering from violent conflict. However, there is a lack of consensus about what reconciliation means or how it is best achieved. In a qualitative study of the first TRC in the U.S., this research interviewed victims of racial violence who participated in the Greensboro Truth and Reconciliation Commission (GTRC), a community-based restorative justice intervention. Findings reveal that participants conceptualized reconciliation as a multileveled process, that different concepts of reconciliation influenced assessments of the success and limitations of the GTRC, and indicate how community-based restorative interventions …

The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges

San Diego Law Review

In my book Justifying Intellectual Property (JIP), I wrote about what I call the “foundations” of the field of intellectual property (IP) law. I tried to distinguish between a foundational level of discourse and another level, the level of basic principles. In the San Diego conference at which my book was discussed—and in several other settings as well—the most frequent and persistent line of questioning about my book centered on the relationship between these two levels. That is what this brief Article is about.

A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore

San Diego Law Review

The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …